GoldieBlox Backs Down From Beastie Boys' Copyright Claim

                            (www.beastieboys.com)                                              (www.goldieblox.com)

It appears that the legal battle between GoldieBlox and the Beastie Boys is over almost as quickly as it had begun.  The conflict began when GoldieBlox, a toy manufacturer that creates engineering and construction toys specifically targeted to girls, released a viral video parodying the Beastie Boys’ song “Girls.”  The video served as an advertisement for GoldieBlox toys while attempting to inspire young girls to become future engineers.  The parody included an elaborate Rube Goldberg machine with a parody of the song “Girls” playing in the background.  The song featured a new recording of the music and a revised set of lyrics declaring that “(Girls) can engineer that.” 

Shortly after the video was released, the Beastie Boys sent letters to GoldieBlox accusing the company of copyright infringement.  In response, on November 21, 2013, GoldieBlox filed suit against the Beastie Boys in California District Court seeking a declaratory judgment allowing the company to use the parody song under the Fair Use Doctrine.  Under 17 U.S.C. §107, the Fair Use Doctrine allows a copyrighted work to be reproduced for purposes such as criticism, comment, news reporting, teaching, or research.  Also according 17 U.S.C. §107, in determining whether the Fair Use Doctrine applies to a particular case, the following factors are to be considered:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
2. The nature of the copyrighted work. 
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 
4. The effect of the use upon the potential market for a value of the copyrighted work.

However, before the court could decide whether the parody was legal under the Fair Use Doctrine, GoldieBlox changed their position.  In an open letter to the Beastie Boys on the GoldieBlox website, the company apologized to the group and removed the song from their advertisement.

GoldieBlox's complaint can be found here.

GoldieBlox's open letter apology to the Beastie Boys can be found here.

(Blog entry written by Alex Diamond, IBLT/Carter DeLuca Entrepreneurship Support Fellow for the Fall 2013 semester)